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20�10703� <br />(a) Any snch agreements will not affect the amounts that Borrower has agreed to pay for Mortgage <br />Insnranca, or any other terms of the Loan. Snch agreements will not incr�se the amount <br />Borrowar will owe for Mortgage Insuranca, and they w�l not entitla Borrower to any refuad. <br />(b� Any such agre�ents will not affect the rights Borrower has - if any - with respect to tha <br />Mortgaga Insuranca under the Homeowners Protection Act of 1998 or any other law. Thesa rights <br />may include the right to recaiva certain disclosures, to request and obtain cancallation of the <br />Mortgaga Insuranca, to have the Mortgaga Insurance terminated automatically, and/or to recaive <br />a rafund of any Mortga.ge Insnrance premiums that ware unearned at the time of snch <br />caacallation or termination. <br />11. Assignment of Miscellen�us P�'oc�ds; Forfeitur'e. All Miscellaneous Proceeds are hereby assigned to <br />and shall be paid to Lender. <br />If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the <br />Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During <br />suc$ repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until <br />Lender has had an opporlunity to inspect such Property to ensure the work has been completed to Lender's <br />satisfacflon, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and <br />restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an <br />agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, <br />Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the <br />restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous <br />Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the <br />excess, if any, paid to Bonower. Such Miscellaneous Proceeds shall be applied in the order provided for in <br />Section 2. <br />In the event of a total taking, destrucHon, or loss in value of the Property, the Miscellaneous Proceeds shall <br />be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, <br />paid to Borrower. <br />In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of <br />the Properly immediately before the partial taking, destruction, or loss in value is equal to or greater than the <br />amount of the sums secured by this Securily Instrument immediately before the partial taking, destruction, or <br />loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security <br />Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following <br />fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss <br />in value divided by (b) the fair market value of the Property irnmediately before the partial taking, <br />desp�ucrion, or loss in value. Any balance shall be paid to Borrower. <br />In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of <br />the Properly immediately before the partial taking, destruction, or loss in value is less than the amount of the <br />sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and <br />Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this <br />Security Instrument whether or not the sums are then due. <br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party <br />(as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to <br />respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply <br />the Miscellaneoas Proceeds either to restoration or repair of the Property or to the sums secured by this <br />00'I'I 22626455 <br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS <br />VMP � <br />Wolters Kluwer Financial Services <br />Ci[ibank 3.2.49.09 V7 <br />Fortn 3028 1/01 <br />VMP6A(NE) (7105).00 <br />Page 10 of 17 <br />J <br />, ►1 <br />�i <br />